Jurisdiction of the courts of Mexico City, over commercial disputes, according to the value of the claim
Authors: Roberto Altamirano y Eduardo Reyes
Articles 59, 104 and 105 of the Organic Act of the Judicial Power of Mexico City provide that the courts of that entity with jurisdiction in civil and commercial matters are (i) Civil Courts of Written Process, (ii) Civil Courts of Oral Process and (iii) Civil Courts of Low Amount. In this regard, the Plenary of the Council of the Judiciary of Mexico City released at the ordinary session held on February 18th, 2020, the Agreement 40-09/2020, which specifies that starting January 26th, 2020, jurisdiction over commercial disputes shall be governed in accordance with the following:
1. The Civil Courts of Written Process may rule on (i) commercial executive proceedings concerning amounts over the sum of $4,000,000.00 (Four million pesos 00/100 M.N.), without considering interests and/or other accessories claimed at the filing date of the lawsuit, and (ii) matters under concurrent jurisdiction that cannot be economically quantified at the time the lawsuit is filed neither afterward, whose jurisdiction is not expressly allocated to the Civil Courts of Oral Process.
2. The Civil Courts of Oral Process may rule on (i) commercial executive proceedings that involve amounts under the sum of $4,000,00.00 (Four million pesos 00/100 MN), and equal or over the sum of $682,546,89 (Six hundred eighty-two thousand five hundred and forty-six pesos 89/100 MN), without taking into account the accessories claimed at the filing date of the lawsuit, and (ii) matters under concurrent jurisdiction that should be processed through a commercial oral proceeding, without limitation on the amount.
3. The Civil Courts of Minor Amounts may decide commercial executive proceedings in which the principal amount claimed is less than the sum of $682,546.89 (Six hundred eighty-two thousand five hundred and forty-six pesos 89/100 MN), as provided in Articles 1339 and 1340 of the Commercial Code -amount updated in accordance with the Agreement of the Ministry of Economy published in the Official Gazette of the Federation on December 30th, 2019, and the Agreement 36-47/2019 of the Council of the Judiciary of the Judicial Power of Mexico City-, without considering the accessories claimed at the filling date of the lawsuit.
In this manner, the Judicial Council of Mexico City clarified the jurisdiction of the judicial bodies for deciding commercial matters according to the amount involved.